Thursday, December 14, 2017

Preschool Teacher -- Not Light Work -- Rebut the DOT

I am getting ready for a hearing but you really need to know this.  You can rebut the DOT.  My case is for a preschool teacher of advanced age and capable of light work.  I expect the vocational expert to tell the ALJ that the job is light per the DOT and thus as generally performed.

    Instructs children in activities designed to promote social, physical, and intellectual growth needed for primary school in preschool, day care center, or other child development facility. Plans individual and group activities to stimulate growth in language, social, and motor skills, such as learning to listen to instructions, playing with others, and using play equipment. May be required to have certification from state. May be designated Teacher, Child Development Center (education); Teacher, Day Care Center (education); Teacher, Early Childhood Development (education); Teacher, Nursery School (education).
GOE: 10.02.03 STRENGTH: L GED: R4 M2 L3 SVP: 7 DLU: 81

There it is light.  But is it.  I checked the Occupational Requirements Survey published by the Bureau of Labor Statistics.  


Latest Observation:Annual 201730.00

Annual 2017 - Annual 2017Minimum Value: Annual 201730.00
Maximum Value: Annual 201730.00
Data Availability:2017 - 2017
Data extracted on: Dec 14, 2017 (11:24:47 AM)
Occupational Requirements Survey

Series Title:Civilian workers; preschool teachers, except special education; pounds maximum weight lifted/carried (25th percentile)
Series ID:ORUP1000037400000235
Seasonality:Not Seasonally Adjusted
Survey Name:Occupational Requirements Survey
Measure Data Type:Pounds
Industry:All workers
Occupation:Preschool Teachers, Except Special Education
Class of Worker:All workers
Requirements:Physical demands
Type of cases:Maximum weight lifted/carried

That is the 25th percentile and 30 pounds is well beyond light.  


Latest Observation:Annual 201740.00

Annual 2017 - Annual 2017Minimum Value: Annual 201740.00
Maximum Value: Annual 201740.00
Data Availability:2017 - 2017
Data extracted on: Dec 14, 2017 (11:26:14 AM)
Occupational Requirements Survey

Series Title:Civilian workers; preschool teachers, except special education; pounds maximum weight lifted/carried (50th percentile - median)
Series ID:ORUP1000037400000236
Seasonality:Not Seasonally Adjusted
Survey Name:Occupational Requirements Survey
Measure Data Type:Pounds
Industry:All workers
Occupation:Preschool Teachers, Except Special Education
Class of Worker:All workers
Requirements:Physical demands
Type of cases:Maximum weight lifted/carried
That is the 50th percentile.  As generally performed, the work is not light.  


Latest Observation:Annual 201780.8

Annual 2017 - Annual 2017Minimum Value: Annual 201780.8
Maximum Value: Annual 201780.8
Data Availability:2017 - 2017
Data extracted on: Dec 14, 2017 (11:27:22 AM)
Occupational Requirements Survey

Series Title:Civilian workers; % of preschool teachers, except special education; strength is medium work
Series ID:ORUP1000037400000663
Seasonality:Not Seasonally Adjusted
Survey Name:Occupational Requirements Survey
Measure Data Type:Percentage
Industry:All workers
Occupation:Preschool Teachers, Except Special Education
Class of Worker:All workers
Requirements:Physical demands
Type of cases:Strength
Now that is definitive.  Preschool teachers require medium exertion.  The DOT is rebutted by governmental data.  


Latest Observation:Annual 201715.8

Annual 2017 - Annual 2017Minimum Value: Annual 201715.8
Maximum Value: Annual 201715.8
Data Availability:2017 - 2017
Data extracted on: Dec 14, 2017 (11:28:28 AM)
Occupational Requirements Survey

Series Title:Civilian workers; % of preschool teachers, except special education; strength is light work
Series ID:ORUP1000037400000662
Seasonality:Not Seasonally Adjusted
Survey Name:Occupational Requirements Survey
Measure Data Type:Percentage
Industry:All workers
Occupation:Preschool Teachers, Except Special Education
Class of Worker:All workers
Requirements:Physical demands
Type of cases:Strength
Makes sense, some preschool teachers engage in light exertion.  We get past step four and straight into step five.  Transferability is present but it is one occupation.  That does not qualify as a range of work.  

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